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AMMOND v. McGAHN

No. 75-1427.

532 F.2d 325 (1976)

AMMOND, Alene S., in her capacity as a member of the Senate of New Jersey and individually, et al. v. Joseph L. McGAHN et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided March 11, 1976.

Attorney(s) appearing for the Case

David J. Goldberg, Warren, Goldberg & Berman, Trenton, N. J., for appellants.

William Tomar and Ronald A. Graziano, Tomar, Parks, Seliger, Simonoff & Adourian, Camden, N. J., for appellees.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

We are here presented with an appeal under 28 U.S.C. § 1292(a)(1) from the grant of a preliminary injunction, restraining and enjoining defendants from excluding Senator Alene S. Ammond from the New Jersey State Senate Democratic Conference ("Democratic Caucus"). We reverse for failure of the record to show imminent and irreparable harm to plaintiffs.

I. FACTS

Ms. Ammond was elected to...

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